EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

12.01.18

EPO Management High-Fiving Patent Propaganda Sites Like ‘Managing IP’ While Granting Illegitimate Patents on Algorithms

Posted in Europe, Patents at 7:28 am by Dr. Roy Schestowitz

A muscle car

Summary: Having mastered the art of hype and buzzwords, the management of the EPO carries on pretending that it does nothing wrong by rubber-stamping abstract patents on mathematics

THE software patents promotion by the European Patent Office (EPO) under António Campinos is no laughing matter; it almost guarantees the demise of Europe’s flourishing software industry (which involves many lesser-known systems that corporate media in America rarely covers, e.g. SCADA).

Europe’s car industry is also noteworthy, especially because of Germany’s dependence on it. We recently covered cases of patent lawsuits against German car-makers; some of these are software patents. “Self-Driving” as the EPO puts it means mostly computer vision, i.e. algorithms/mathematical methods; these are illegitimate patents. Why does the EPO violate the EPC which is its founding document?

Just before the weekend the EPO uttered these words: “Europe and the US have a strong lead in self-driving vehicle innovation with about 1 400 European patent applications each in 2017 alone. See how other regions performed here: http://bit.ly/SDVstudy #SelfDriving #FutureOfCars pic.twitter.com/isyFESqbKL”

They make it look like bingo or some kind of competition; but what they actually enumerate there boils down to monopolies. How many of these are legitimate? What proportion? It’s hard to tell because very few will be tested in court in their lifetime as patents.

The patent maximalists couldn’t be happier about the above. As we mentioned here before (only a few days ago), Managing IP is throwing petals at António’s feet (as it did his appointer, Battistelli, before him). The EPO has just retweeted this: “Most influential people in IP: António Campinos, EPO http://www.managingip.com/Article/3846046/Managing-Patents-Archive/Most-influential-people-in-IP-Antnio-Campinos-EPO.html … António Campinos has so far succeeded in improving relations in the upper echelons of the @EPOorg since taking over as president in July. #MIP50 pic.twitter.com/2OF7kVlaLl”

This tweet is a lie. It’s whitewashing. Ask EPO workers if he is “improving relations”; he’s not. He certainly pretends to, but it isn’t working anymore. The impatience has turned into sourness.

As if the above retweet wasn’t enough, the EPO added: “. @ManagingIP has named EPO President António Campinos one of the most influential people in IP. “António Campinos has so far succeeded in improving relations in the upper echelons of the EPO since taking over as president in July.” Read more: https://bit.ly/2QpIQ17 #MIP50″

Remember this is the same Managing IP that repeatedly whitewashed Battistelli and promoted the UPC with the EPO. It’s hardly an independent publisher and it shows. It has long been a propaganda platform of the EPO and the UPC (check who funds it) and it seems like quite a few writers have resigned (we no longer see their names). Moreover, as I pointed out to them in Twitter, “António Campinos just got his job from his French compatriot and friend, corrupt Battistelli…”

The very name of the site gives it away; they call patents “property” (which they're not) and another person to be crowned by them just now is a Watchtroll-connected lobbyist who supported patent trolls too (i.e. just the cup of tea of Managing IP‘s sponsors). In their own words: “Most influential people in IP: Manny Schecter, IBM http://www.managingip.com/Article/3846050/Managing-Patents-Archive/Most-influential-people-in-IP-Manny-Schecter-IBM.html … @IBM’s chief patent counsel tells Managing IP about holding onto the number one patent filing spot in the US, his concerns about Section 101 and his passion for IP education. #MIP50 pic.twitter.com/N9TLJkwmSi

They mean patent indoctrination (maximalism), not “IP education”, and he’s a vocal proponent of software patents, which his employer uses extensively for extortion, having been armed by the U.S. Patent and Trademark Office (USPTO). He habitually attacks Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) because they get in IBM’s way (with blackmail).

Going back to the EPO, however, D Young & Co LLP wrote about “Allowed text at the EPO” and R. K. Dewan & Co in India takes note of the EPO illegally granting software patents by exploiting the buzzword “AI” — a strategy we’ve long criticised. To quote:

Science and Technology have been unfolding new eras of growth. With each new ground breaking invention, there arises the need to protect the intellect invested in the innovations. However, granting protection can indeed be very challenging keeping in mind the high standards of pre-requisites for granting of Patents.

Recently, the European Patent Office (EPO) issued certain guidelines for patentability of Artificial Intelligence (AI) and Machine Learning (ML). The guidelines state that AI & ML are based on computational models and algorithms for classification, clustering, regression and dimensionality reduction, such as neural networks, genetic algorithms, support vector machines, k-means, kernel regression and discriminant analysis. The guidelines state that such computational models and algorithms are per se of an “abstract mathematical nature”, irrespective of whether they can be “trained” based on training data. The guideline focusses on mathematical algorithms to have a technical character. It states that at the time of examining, the claimed subject-matter must be examined with expressions such as “support vector machine”, “reasoning engine” or “neural network”, since these terms usually refer to abstract models which are devoid of a technical character.

I’ve personally implemented some of the above; they’re pure software and are thus patent-ineligible as per the EPC, courts etc. No doubt the EPO, supported by the media it got by the pocket (or the balls), will carry on lying about it.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Red Hat's Freedom Reduced to Just Online Partner Enablement Network (OPEN) and Microsoft as a Close Partner; Canonical's Ubuntu Just an 'App' for Windows?

    Free software is being snapped up by proprietary software giants and patent bullies that treat it as little more than an 'add-on' for their proprietary offerings



  2. Linux Foundation Apparently Celebrates Sysadmin Day With a Microsoft Windows Site!

    The Linux Foundation shows ‘love’ to actual GNU/Linux (the real thing) by apparently rejecting it and badmouthing it



  3. EPO Looney Tunes – Part 3: The Legal Line-up for G 2/19

    The deck appears to have already been stacked for G 2/19, a decision on EPO judges' exile to Haar (veiled disciplinary action/collective punishment by those whom the judges are supposed to 'oversee')



  4. Links 17/7/2019: VirtualBox 6.0.10 and Mageia 7.1 Releases, Mint Betas

    Links for the day



  5. Links 16/7/2019: Btrfs Gets 'Cleaned Up', Clonezilla Live 2.6.2-15

    Links for the day



  6. EPO Looney Tunes - Part 2: The “Difficult Legacy” and Its Dark Historical Shadow

    Assuming that he was informed, then it seems fair to say that Battistell’s little “joke” at the expense of the Boards was in very bad taste



  7. EPO Noise Machine Turned On as Haar Hearing Kicks Off, Patrick Corcoran Defamed Again

    The EPO does not want people to hear about Haar; it just wants people to hear about how wonderful the EPO is and there are some who have just decided to slander Patrick Corcoran again



  8. Microsoft is 'Doing Kamikaze' (神風) on Linux

    An analogy for what the Linux (only in name!) Foundation and Microsoft mean to Linux — or by extension to GNU/Linux and Free software whose largest repository Microsoft took control of



  9. The 'New' Linux.com Sometimes Feels Like a Microsoft Promotion Site

    Anything that the ‘Linux’ Foundation touches seems to turn into its proprietors’ agenda; one of those proprietors is Microsoft, which has a "Jihad" against Linux



  10. IBM is a Threat to the Internet, Not Just to Software Development (Due to Software Patents Aggression)

    IBM continues its aggression against technology — a fact that’s even more distressing now that IBM calls the shots at Red Hat



  11. EPO Looney Tunes - Part 1: Is D-Day Approaching for Battistelli’s “Difficult Legacy”?

    European patent justice isn’t working within the premises of EPOnia; a bunch of ‘show trials’ may in fact turn out to be just that — a show



  12. Links 16/7/2019: LXD 3.15, Q4OS 3.8 and D9VK 0.13f

    Links for the day



  13. Links 15/7/2019: Vulkan 1.1.115 and Facebook Openwashing

    Links for the day



  14. Microsoft Office 360 Banned

    OpenDocument Format (ODF, a real standard everyone can implement) and Free/libre software should be taught in schools; it's not supposed to be just a matter of privacy



  15. Microsoft, in Its Own Words...

    Sociopathy, incompetence and intolerance of the rule of law, as demonstrated by Microsoft's top managers



  16. Microsoft's WSL is Designed to Weaken GNU/Linux (on the Desktop/Laptop) and Strengthen Vista 10

    What Microsoft does to GNU/Linux on the desktop (and/or laptop) bears much resemblance to what Microsoft did to Java a couple of decades ago



  17. Links 14/7/2019: Linux 5.2.1, Unreal Engine 4.23 Preview, Linux Mint 19.2 Beta

    Links for the day



  18. 25,500 Blog Posts and Pages

    With our thirteenth anniversary just a few months away we're at a pace of about 2,000 posts per year



  19. With WSL Microsoft is Doing to GNU/Linux What It Did to Netscape

    Embrace, extend, extinguish. Some things never really change even if they become an old and repetitive accusation.



  20. Allowing Bad Guests to Become the Hosts

    Why the so-called 'Linux Foundation', a nonprofit that acts more like a PAC controlled by proprietary software companies and people who don't even use Linux, is increasingly becoming a Linux-hostile front group



  21. Honesty and Collaboration Make Free Software Stronger, Microsoft is Inherently a Misfit

    In spite of all the lies Microsoft and its Web sites spew out on a daily basis, nothing has really changed and Microsoft is still attacking Software Freedom (mostly from the inside nowadays, helped by FUD proxies such as WhiteSource and Snyk)



  22. Patent Certainty Waning, But That's Still OK for Patent Trolls

    Patent maximalism remains a threat to everyone but patent lawyers (and patent office chiefs who measure their own performance only by the number of patents granted); best served are the patent trolls who extrajudicially attack already-impoverished parties behind closed doors



  23. GitHub is Microsoft's Proprietary Software and Centralised (Monopoly) Platform, But When Canonical's Account There Gets Compromised Suddenly It's Ubuntu's Fault?

    Typical media distortions and signs that Microsoft already uses GitHub for censorship of Free/Open Source software that does not fit Microsoft's interests



  24. Canonical is Turning Ubuntu Into a More Proprietary Deviant of GNU/Linux

    Ubuntu is becoming more 'Ubinary'; binaries without their source code available are packed up and cooked up for (or baked into) the ISO; this may be good for widespread adoption, but it's not an advancement of freedom, a capitulation rather



  25. Links 13/7/2019: Librem 5 July Update, Project Trident 19.07, KDE Frameworks 5.60.0

    Links for the day



  26. The Problem Isn't Women or Minorities in Free Software But Particular Corporations That Exploit or Steer or Hijack Their Agenda

    If technical issues are being disguised using colours and genders (among other things), then it's important to highlight who's behind it (what company/ies) rather than fling back insults at people because it makes things worse



  27. There's No Such Thing as Cloud Computing, Serverless and All That Other Nonsense

    Buzzwords. Confronted.



  28. Linux is Doing 'Well' Only for Those Who Dislike Software Freedom and Love Control Over Users

    Linux, the kernel, has become a corporate playground or a sandbox that's used to upsell proprietary software, including surveillance; freedom in Linux is gradually being diminished if not completely obliterated and it does not worry the foundations entrusted to guard against it



  29. Consultation About Direction and Future Focus for Techrights

    We invite ideas and recommendations for the future of the site, notably which topics and aspects are worth covering as a matter of higher priority



  30. European Media Continues to Ignore the EPO Crisis While Law Firms and EPO Management Cover Things Up

    The EPO crisis silently deepens because serious problems are lied about, not acknowledged, and the legitimacy of European Patents is greatly diminished, not to mention the EPO's ability to attract talent


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts